Md. Israfil And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.48315 of 2015 (2) dt.03-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48315 of 2015 Arising Out of PS.Case No. -253 Year- 2015 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. Md. Israfil S/o Md. Salahuddin

2. Md. Nazarul S/o - Md. Wakil both 1 & 2 are R/o vill. - Dumari, P.S. Muffasil (Singhaul), Dist. - Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Pushpa Sinha 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-02-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 341, 323, 379, 307, 504 and 34 of the Indian Penal Code.

The prosecution case, in short, is that on 10.7.2015 at about 3.00 A.M. accused persons armed with lathi, and danda entered the house of the informant and assaulted Md. Khalid alias Chunmun, son of the informant due to which the son of the informant sustained serious injury. They also assaulted the informant over his head and his wife with fists and slaps and also dragged his son from his residence. The other co-accused, Md. Zahid snatched silver chain worth Rs.4000/- from the neck of his

Patna High Court Cr.Misc. No.48315 of 2015 (2) dt.03-02-2016 son.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. The petitioners and the informant are next door neighbours and due to petty reason the alleged occurrence is said to have taken place. The parties have settled the matter. A certified copy of the petition filed on behalf of the informant in the court below has been produced. Let the same be kept on the record.

On behalf of the State, it is submitted that the petitioners are named in the first information report.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Begusarai Muffasil P.S. Case No. 253 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Sudhir Singh, J) V.P.Sinha/- U